$60,000 fine for breach of development approval condition

Published on Tuesday, 21 November 2023 at 11:32:33 AM

A local landowner was sentenced in the Busselton Magistrates Court on 16 November 2023 for breaching their development approval under the Planning and Development Act 2005.

The charge related to extracting limestone below the approved depth, contrary to the conditions of the extraction approval.

Recognising the City’s concerns around environmental risk, the Court noted that the offending was a ‘flagrant disregard’ of planning requirements and ordered the offender to pay a fine of $60,000 as well as costs of $10,000.

The maximum penalty possible under the Planning and Development Act for carrying out development without development approval is $200,000 for individuals and $1,000,000 for a company.

City of Busselton CEO Tony Nottle reminded all developers, landowners and contractors, whether they are engaging in clearing, building or extraction activities, to obtain the necessary approvals before proceeding, and to comply with the approval conditions at all times.

“Persons who undertake unauthorised development can cause significant damage to the environment and place others at risk” he said. 

“They should not be tempted to take short-cuts, or as in this case, fail to comply with the conditions of the development approval.”

“Where the City suspects that due process has not be followed, we will investigate and pursue offenders to the courts if necessary.”

Objectives outlined in this statement are aligned with the City of Busselton’s Strategic Community Plan (2021 - 2031) Key Themes Environment: An environment that is valued, conserved and enjoyed by current and future generations.

Ends. Media enquiries can be directed to pr@busselton.wa.gov.au

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